City Council

MURFREESBORO CITY COUNCIL AGENDA February 26, 2015 7:00 p.m. City Council Chambers PRAYER VICE-MAYOR DOUG YOUNG PLEDGE OF ALLEGIANCE CEREMONIAL ITEMS Consent Agenda 1. A. Consider recommendations of the Assistant Transportation Director with regards to amendment to TDOT Contract 755307-S3-018 for increase in State funds. B. Consider recommendations of the Airport Manager: a. Addendum No. 1 with ATKINS for Airport Pavement Overlay Project. b. Five-Year Master Agreement with ATKINS for Consulting & Engineering Services. C. Consider recommendations of the Parks & Recreation Director with regards to Greenway Art Festival Pavilion Booth Fee increase. D. Consider recommendations of the City Attorney with regards to revision to Employee Handbook Section 1009, Overtime Pay and Compensatory Time for Non-Exempt Employees. E. Consider recommendations of the Purchasing Director to reject responses to Competitive Sealed Proposal (CSP) for advertising services. F. Consider recommendations of the City Manager with regards to Kendig Keast Contract Amendment No. 1 for Murfreesboro 2035 Comprehensive Plan. Minutes 2. February 12, 2015 - Regular Meeting. Second Readings 3. Consider for passage on second reading ORDINANCE 15-OZ-02 rezoning an area along North Tennessee Boulevard to Residential Multi-Family Twelve (RM-12) District. 4. Consider for passage on second reading ORDINANCE 15-OA-03 to annex an area along Bradyville Pike and to adopt for same a Plan of Services. 5. Consider for passage on second reading ORDINANCE 15-OZ-04 to zone an area along Bradyville Pike to Single-Family Residential Ten (RS-10) District, simultaneous with annexation. 6. Consider for passage on second reading ORDINANCE 15-OZ-05 to amend a Planned Unit Development (PUD) District located west of Rucker Lane. New Business 7. Presentation from Mr. Jimmy Jobe, Jobe Hastings & Associates, with regards to the Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 2014. 8. Consider recommendations of the Environmental Engineer with regards to conceptual design proposal from Griggs & Maloney for Town Creek Conveyance modifications between Murfree Springs & South Church Street at SE Broad Street. 9. Consider recommendations of the Assistant City Manager with regards to addition to the authorized position count of one (1) Planner. 10. A. Hear from City Attorney with regards to Solid Waste Collection Policy. B. Consider for adoption RESOLUTION 15-R-08 authorizing City solid waste collection services to be provided to multi-family developments under specified terms and conditions. C. Consider for passage on first reading ORDINANCE 15-O-11 amending Murfreesboro City Code, Appendix A-Zoning, Section 7 and Section 18, pertaining to City solid waste collection services to multi-family developments. 11. Consider for adoption RESOLUTION 15-R-07 requesting unclaimed balance of accounts remitted to State Treasurer under Unclaimed Property Act.  MURFREESBORO CITY COUNCIL AGENDA February 26, 2015 (Continued) Board & Commission Appointments 12. A. Reappointments to Cable Television Commission. B. Appointment to Disciplinary Review Board. Beer Permits Payment of Statements Other Business from Staff or City Council Adjourn  CITY OF MURFREESBORO EMPLOYEE HANDBOOK Section No: 1009 Date: DRAFT11-13-14 Supersedes Section No: 1009 Dated: 11-13-14 Subject: Overtime Pay and Compensatory Time for Non-exempt Employees Approved: Robert J. Lyons, City Manager (a) Policy It is the policy of the City: (1) To comply with the Fair Labor Standards Act (FLSA) and regulations including minimum hourly wage requirements and premium pay for overtime; (2) To offer the option of compensatory time off instead of overtime pay in accordance with the terms and provisions of this policy; and, (3) To respond to all questions regarding pay and compensatory time and to correct any errors. Realization of these policy objectives requires timely communication between City employees and the City’s Human Resources Department, and therefore, it is also the policy of the City that employees should address any issues of over or under payment of overtime or compensatory time accrual to Payroll in Human Resources as soon as the employee is aware of them. (b) Work week; Work period/tour of duty (1) City employees, other than as described below in (b)(2), work a seven (7) day work week. These employees are usually scheduled to work 37.5 or 40 hours per work week. (The work week is further described in Employee Handbook Section 1041, Employee Time Recordkeeping.) (2) Most firefighters are assigned to work a 28 day work period/tour of duty based on their battalion assignment. Most police officers are assigned to work a 21 day work period/tour of duty. The current year’s work period/tour of duty schedules are is on file in the Fire & Rescue and Police Departments. [11-13-14] 1 [1009]  (c) Pay for work in excess of normal work schedule (1) A non-exempt City employee, other than a firefighter or police officer assigned to a work period/tour of duty, will be paid at the employee’s base hourly rate of pay for all hours worked that are in excess of the employee’s regular or normal work shift but that are less than 40 hours per work week. This time is usually no more than 2.5 hours per week. (2) A non-exempt firefighter whose normal work period/tour of duty is less than 212 hours will be paid at the employee’s base hourly rate of pay for all hours worked in excess of the employee’s normal work period/tour of duty but less than 212 hours. (3) A non-exempt police officer whose normal work period/tour of duty is less than 128 hours will be paid at the employee’s base hourly rate of pay for all hours worked in excess of the employee’s normal work period/tour of duty but less than 128 hours. (4) Time worked as described in (1), (2) or (3) above may be referred to as “gap time” (or as “straight overtime” or “comp time 1.0”). (d) Basis for Overtime (1) An employee shall be compensated for overtime in accordance with the provisions of the FLSA. (2) An employee, other than a firefighter or police officer assigned to a work period/tour of duty, who works more than 40 hours in a work week will be paid at the employee’s overtime hourly rate of pay at time and one-half for all hours actually worked over 40 hours. (3) A non-exempt firefighter who works more than 212 hours in a work period/tour of duty will be paid at the employee’s overtime hourly rate of pay at time and one-half for all hours actually worked over 212 hours. (4) A non-exempt police officer who works more than 128 hours in a work period/tour of duty will be paid at the employee’s overtime hourly rate of pay at time and one-half for hours actually worked over 128 hours. (e) Prior Approval Required It is the City's policy to have employees who are non-exempt under the FLSA perform their work during their regular working hours. Approval from a supervisor should be obtained in advance for any non-exempt employee to work more than the employee’s [11-13-14] 2 [1009] regularly scheduled work shift, or for a non-police, non-exempt employee to work through a lunch or meal break. (f) Compensatory Time Option Governmental employers have the option of providing compensatory time off to employees instead of paying them overtime. Compensatory time off is time which may be taken off from work without a reduction in pay. The City has chosen to exercise this option as follows: (1) Annually a department head shall determine if employees of that department shall be eligible to accrue compensatory time (or whether all overtime work shall be paid) and the maximum amount of compensatory time which may be accrued. This determination may be applicable to all non-exempt employees of the department or to all non-exempt employees in particular position classifications; the determination shall not be by individual employee. Any departmental determination not to allow the accrual of compensatory time, or not to allow the maximum allowed by FLSA regulations, must have the advance approval of the City Manager and concurrence of the Human Resources Director. (2) Annually each employee who is in a department and a position that is eligible to accrue compensatory time may choose to participate in the compensatory time program. Any such election is fixed and is not reversible during the course of the year; it may only be changed at the time of the next annual election. Any election to participate in the compensatory time off program may shall remain in effect without the need for action by the employee unless and until the employee ends such participation at the time of an annual election. (3) An employee eligible to participate and choosing to participate in the compensatory time program shall receive compensatory time at time and one-half for all hours actually worked over 40 during a work week or, if a firefighter or police officer, for all hours over 212 and 128, respectively, during a work period/tour of duty. (4) When an employee does not actually work but uses paid leave (e.g.,is paid holiday, pay, sick leave, or vacation leave) during a work week or work period/tour of duty, the employee will receive overtime pay or compensatory time at time and one-half only for hours actually worked over the applicable limit (212 for firefighters, 128 for police officers, 40 for other employees). (5) Additionally, an employee choosing to participate in the compensatory time program shall receive compensatory time rather than pay for all gap time hours (as described and defined in (c) above) actually worked. Compensatory time for gap time shall be earned at straight time, i.e., in an amount equal to the amount worked. An employee may not receive compensatory time for gap time and pay for [11-13-14] 3 [1009] overtime or the alternative; the election is applicable to both types of time worked in excess of the normal work week or work period/tour of duty. (g) Accumulation of Compensatory Time (1) Employees participating in the compensatory time program may accumulate up to the City’s specified maximum number of hours. Any gap time or overtime worked after such maximum accumulation is reached shall result in payment without regard for the employee’s election. (2) Under FLSA regulations the maximum amount of compensatory time that can be accumulated is 480 hours for firefighters, police officers and seasonal employees and 240 hours for all other employees. This maximum amount may be changed on an annual basis by department; see subsection (f)(1). (h) Use of Compensatory Time (1) An employee must receive permission in advance to use compensatory time for time away from work except as provided in (2), (3) and (4) below. Departmental rules may require that requests to use compensatory time be submitted at least five (5) work days or two (2) 24 hour shifts in advance. An employee’s supervisor may approve or reject a request to use compensatory time An employee who timely requests the use of accrued compensatory time shall be permitted to use such time within a reasonable period of making the request if granting the request. A request will be approved if it will not unduly disrupt the operations of the department or the City. It may be unduly disruptive for compensatory time to be taken at certain times of the year or during the absence of other employees. (2) Compensatory time may be used for sick leave as specified in Section 1003. (3) Compensatory time must be used if an employee is on FMLA leave or Tennessee Leave and is without accrued sick leave. (4) An employee may use compensatory time as part of a “run out” of benefit hours immediately prior to the employee’s retirement. (5) Compensatory time cannot be used during any period of disciplinary suspension. (5)(6) The City has the option of requiring an employee to use some or all of the employee’s accrued compensatory time at any time. (i) Payment for Overtime or Compensatory Time [11-13-14] 4 [1009]  (1) The City has the option of paying an employee for some or all of the employee’s compensatory time at any time. (2) An employee shall be paid for all compensatory time if promoted to an exempt position or if transferred to a department or a position which does not participate in the compensatory time off program as of the date of the transfer. (3) An employee may request payment for accrued compensatory time if the employee elects to request such payment when choosing to end participation in the compensatory time program at the time of the annual election. Any such payment shall be for all the employee’s accrued compensatory time and the time of such payment may, at the City’s option, be delayed until the first pay period after the start of the following fiscal year. (4) Any payment of overtime pay or for compensatory time is subject to federal, state or local deductions in the same manner as pay for non-overtime hours. (5) Payment to an employee for compensatory time upon termination shall use the average base rate of pay during the preceding three (3) years or the employee’s final base rate of pay, whichever is higher. (6) Any payment of overtime pay or for compensatory time upon termination shall be subject to deductions for any amount which the employee has agreed to have withheld from a final paycheck. [10-01-96; 02-12-98; 06-20-13; 11-13-14] [11-13-14] 5 [1009]  CITY OF MURFREESBORO EMPLOYEE HANDBOOK Section No: 1009 Date: DRAFT Supersedes Section No: 1009 Dated: 11-13-14 Subject: Overtime Pay and Compensatory Time for Non-exempt Employees Approved: Robert J. Lyons, City Manager (a) Policy It is the policy of the City: (1) To comply with the Fair Labor Standards Act (FLSA) and regulations including minimum hourly wage requirements and premium pay for overtime; (2) To offer the option of compensatory time off instead of overtime pay in accordance with the terms and provisions of this policy; and, (3) To respond to all questions regarding pay and compensatory time and to correct any errors. Realization of these policy objectives requires timely communication between City employees and the City’s Human Resources Department, and therefore, it is also the policy of the City that employees should address any issues of over or under payment of overtime or compensatory time accrual to Payroll in Human Resources as soon as the employee is aware of them. (b) Work week; Work period/tour of duty (1) City employees, other than as described below in (b)(2), work a seven (7) day work week. These employees are usually scheduled to work 37.5 or 40 hours per work week. (The work week is further described in Employee Handbook Section 1041, Employee Time Recordkeeping.) (2) Most firefighters are assigned to work a 28 day work period/tour of duty based on their battalion assignment. Most police officers are assigned to work a 21 day work period/tour of duty. The current year’s work period/tour of duty schedules are on file in the Fire & Rescue and Police Departments. [11-13-14] 1 [1009]  (c) Pay for work in excess of normal work schedule (1) A non-exempt City employee, other than a firefighter or police officer assigned to a work period/tour of duty, will be paid at the employee’s base hourly rate of pay for all hours worked that are in excess of the employee’s regular or normal work shift but that are less than 40 hours per work week. This time is usually no more than 2.5 hours per week. (2) A non-exempt firefighter whose normal work period/tour of duty is less than 212 hours will be paid at the employee’s base hourly rate of pay for all hours worked in excess of the employee’s normal work period/tour of duty but less than 212 hours. (3) A non-exempt police officer whose normal work period/tour of duty is less than 128 hours will be paid at the employee’s base hourly rate of pay for all hours worked in excess of the employee’s normal work period/tour of duty but less than 128 hours. (4) Time worked as described in (1), (2) or (3) above may be referred to as “gap time” (or as “straight overtime” or “comp time 1.0”). (d) Basis for Overtime (1) An employee shall be compensated for overtime in accordance with the provisions of the FLSA. (2) An employee, other than a firefighter or police officer assigned to a work period/tour of duty, who works more than 40 hours in a work week will be paid at the employee’s overtime hourly rate of pay at time and one-half for all hours actually worked over 40 hours. (3) A non-exempt firefighter who works more than 212 hours in a work period/tour of duty will be paid at the employee’s overtime hourly rate of pay at time and one-half for all hours actually worked over 212 hours. (4) A non-exempt police officer who works more than 128 hours in a work period/tour of duty will be paid at the employee’s overtime hourly rate of pay at time and one-half for hours actually worked over 128 hours. (e) Prior Approval Required It is the City's policy to have employees who are non-exempt under the FLSA perform their work during their regular working hours. Approval from a supervisor should be obtained in advance for any non-exempt employee to work more than the employee’s [11-13-14] 2 [1009] regularly scheduled work shift, or for a non-police, non-exempt employee to work through a lunch or meal break. (f) Compensatory Time Option Governmental employers have the option of providing compensatory time off to employees instead of paying them overtime. Compensatory time off is time which may be taken off from work without a reduction in pay. The City has chosen to exercise this option as follows: (1) Annually a department head shall determine if employees of that department shall be eligible to accrue compensatory time (or whether all overtime work shall be paid) and the maximum amount of compensatory time which may be accrued. This determination may be applicable to all non-exempt employees of the department or to all non-exempt employees in particular position classifications; the determination shall not be by individual employee. Any departmental determination not to allow the accrual of compensatory time, or not to allow the maximum allowed by FLSA regulations, must have the advance approval of the City Manager and concurrence of the Human Resources Director. (2) Annually each employee who is in a department and a position that is eligible to accrue compensatory time may choose to participate in the compensatory time program. Any such election is fixed and is not reversible during the course of the year; it may only be changed at the time of the next annual election. Any election to participate in the compensatory time off program may remain in effect without the need for action by the employee unless and until the employee ends such participation at the time of an annual election. (3) An employee eligible to participate and choosing to participate in the compensatory time program shall receive compensatory time at time and one-half for all hours actually worked over 40 during a work week or, if a firefighter or police officer, for all hours over 212 and 128, respectively, during a work period/tour of duty. (4) When an employee does not actually work but uses paid leave (e.g., holiday, sick leave, or vacation leave) during a work week or work period/tour of duty, the employee will receive overtime pay or compensatory time at time and one-half only for hours actually worked over the applicable limit (212 for firefighters, 128 for police officers, 40 for other employees). (5) Additionally, an employee choosing to participate in the compensatory time program shall receive compensatory time rather than pay for all gap time hours (as described and defined in (c) above) actually worked. Compensatory time for gap time shall be earned at straight time, i.e., in an amount equal to the amount worked. An employee may not receive compensatory time for gap time and pay for [11-13-14] 3 [1009] overtime or the alternative; the election is applicable to both types of time worked in excess of the normal work week or work period/tour of duty. (g) Accumulation of Compensatory Time (1) Employees participating in the compensatory time program may accumulate up to the City’s specified maximum number of hours. Any gap time or overtime worked after such maximum accumulation is reached shall result in payment without regard for the employee’s election. (2) Under FLSA regulations the maximum amount of compensatory time that can be accumulated is 480 hours for firefighters, police officers and seasonal employees and 240 hours for all other employees. This maximum amount may be changed on an annual basis by department; see subsection (f)(1). (h) Use of Compensatory Time (1) An employee must receive permission in advance to use compensatory time for time away from work except as provided in (2), (3) and (4) below. Departmental rules may require that requests to use compensatory time be submitted at least five (5) work days or two (2) 24 hour shifts in advance. An employee who timely requests the use of accrued compensatory time shall be permitted to use such time within a reasonable period of making the request if granting the request will not unduly disrupt the operations of the department or the City. It may be unduly disruptive for compensatory time to be taken at certain times of the year or during the absence of other employees. (2) Compensatory time may be used for sick leave as specified in Section 1003. (3) Compensatory time must be used if an employee is on FMLA leave or Tennessee Leave and is without accrued sick leave. (4) An employee may use compensatory time as part of a “run out” of benefit hours immediately prior to the employee’s retirement. (5) Compensatory time cannot be used during any period of disciplinary suspension. (6) The City has the option of requiring an employee to use some or all of the employee’s accrued compensatory time at any time. (i) Payment for Overtime or Compensatory Time [11-13-14] 4 [1009]  (1) The City has the option of paying an employee for some or all of the employee’s compensatory time at any time. (2) An employee shall be paid for all compensatory time if promoted to an exempt position or if transferred to a department or a position which does not participate in the compensatory time off program as of the date of the transfer. (3) An employee may request payment for accrued compensatory time if the employee elects to request such payment when choosing to end participation in the compensatory time program at the time of the annual election. Any such payment shall be for all the employee’s accrued compensatory time and the time of such payment may, at the City’s option, be delayed until the first pay period after the start of the following fiscal year. (4) Any payment of overtime pay or for compensatory time is subject to federal, state or local deductions in the same manner as pay for non-overtime hours. (5) Payment to an employee for compensatory time upon termination shall use the average base rate of pay during the preceding three (3) years or the employee’s final base rate of pay, whichever is higher. (6) Any payment of overtime pay or for compensatory time upon termination shall be subject to deductions for any amount which the employee has agreed to have withheld from a final paycheck. [10-01-96; 02-12-98; 06-20-13; 11-13-14] [11-13-14] 5 [1009]  . . . creating a better quality of life February 26, 2015 CONSENT AGENDA HONORABLE MAYOR AND MEMBERS OF THE MURFREESBORO CITY COUNCIL RE: Rejection of Responses to the Competitive Sealed Proposal (CSP) for Advertising Services, RFCSP-01-2015 We respectfully request approval to reject all responses received for the advertising services solicitation. Questions were received after the solicitation was issued, and a subsequent Addendum was issued to response to those questions, neither respondent acknowledged the Addendum or used the revised pricing page. The addendum was in response to questions received by one of the respondents. Background Purpose On January 15, 2015, City Council approved the use of competitive sealed proposals (CSP) for advertising services. The City issued a solicitation for advertising services on January 22, 2015. In response to a question from a bidder about the solicitation, I issued an addendum and revised pricing sheet on February 9, 2015 and bidders were required to acknowledge receipt of the addendum. Bids were opened on February 12, 2015. However; neither bidder acknowledged the addendum or submitted their response on the revised pricing sheet. The goal of the solicitation was to obtain pricing and demographics from local media outlets to evaluate and award a contract for advertising services. Re-issuing the solicitation will enable the City to include the information in the Addendum into the actual solicitation. Scope of Work Purpose The purpose of re-issuing this CSP is to identify and select print media news outlets to advertise the City’ events, announcements, legal notices, and various outreach and public service information. The revised CSP will include the pricing sheet that was part of the addendum. Schedule If approved, the CSP will be re-issued on March 4, 2015 and proposals will be due on March 17, 2015. Fiscal Impact Provided at the time of the award. Administration Department 111 West Vine Street * P. O. Box 1139 * Murfreesboro, Tennessee 37133-1139 Phone 615 849 2629 * Fax 615 849 2679 TDD 615 849 2689 www.murfreesborotn.gov Concurrences Not Applicable Recommendation It is requested that City Council reject all bids and authorize the Purchasing Director to re-issue the Request for Competitive Sealed Proposals. After proposals are received, a proposed contract will be submitted to City Council at a subsequent meeting for award. Attachment(s) 1. None Sincerely, Althea Pemsel Purchasing Director  1415 Highway 6 South – Suite A-300 | Sugar Land, TX 77478 Phone: 281.242.2960 Fax: 281.242.4115 February 05, 2015 Mr. Rob Lyons, City Manager City of Murfreesboro 111 W. Vine St. Murfreesboro, TN 37133 RE: Contract Amendment for the Murfreesboro 2035 Comprehensive Plan Dear Mr. Lyons: The purpose of this letter is to outline a proposed contract amendment for additional services above and beyond our current scope of professional services as outlined in Exhibit “A,” Scope of Services; and includes administering three additional months of the MindMixer site (January through March 2015) and an additional trip to Murfreesboro on December 08-09, 2014 to conduct and facilitate meetings and presentations associated the delivery of the final draft of Chapter 1, Planning Context. Services associated with the MindMixer site includes: 1. Site administration (27 hours @ $105/hr): $2,835 Services and direct expenses associated with this trip include: 1. Meeting preparation: (18 hours @ $130/ hr): $2,340 2. Staff time on site (18 hours @ $130/hr. and 18 hours @ $105/hr): $4,230 3. Reimbursable expenses (airfare, per diem, accommodations): $978.52 The cost of these supplemental services, including all associated direct expenses will add a total of $10,383.52 to the original contract value, bringing the overall contract value for the Comprehensive Plan to $727,406.52. We trust that this proposed Amendatory Agreement is responsive to the needs of the City of Murfreesboro. If it is acceptable, please sign in the space provided below and return one signed original for our files. We appreciate the opportunity to provide continuing professional services to the City of Murfreesboro, Tennessee. If you have any question please contact me or Aaron Tuley to discuss. Respectfully, KENDIG KEAST COLLABORATIVE Bret C. Keast, AICP President www.kendigkeast.com Elk Grove, CA | Sturgeon Bay, WI | Sugar Land, TX Rob Lyons, City Manager February 05, 2015 Page 2 of 2 APPROVAL OF CONTRACT AMENDMENT FOR MINDMIXER SITE ADMINISTRATION AND ONE (1) ADDITIONAL MEETING ___________________________________________ Signature ___________________________________________ __________________________________________ Typed Name and Title Date Signed  ORDINANCE 15-OZ-02 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now in force and effect, to rezone approximately 26.29 acres along N. Tennessee Blvd. from Single-Family Residential Fifteen (RS-15) District to Residential Multi-Family Twelve (RM-12) District; Mr. N.O. Beasley, applicant [2014-434]. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. That the same having been heretofore recommended to the City Council by the City Planning Commission, the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as herein referred to, adopted and made a part of this Ordinance as heretofore amended and as now in force and effect, be and the same are hereby amended so as to rezone the territory indicated on the attached map. SECTION 2. That, from and after the effective date hereof, the area depicted on the attached map shall be zoned and approved as Residential Multi-Family Twelve (RM- 12) District, as indicated thereon, and shall be subject to all the terms and provisions of said Ordinance applicable to such districts. The City Planning Commission be and it is hereby authorized and directed to make such changes in and additions to said Zoning Map as may be necessary to show thereon that said area of the City is zoned as indicated on the attached map. This zoning change shall not affect the applicability of any overlay zone to the area. SECTION 3. That this Ordinance shall take effect fifteen (15) days after its passage upon third and final reading, the public welfare and the welfare of the City requiring it. Passed: Shane McFarland, Mayor st 1 reading 2nd reading 3rd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright Susan Emery McGannon City Recorder City Attorney SEAL mjp \\puckett\legal\files\council\ordinances\2015\02 - 15-oz-02.doc 1/16/2015 11:31:43 AM #1  RM-16 CF L D BL VD Ê E CF I EN OR Area Rezoned from TH RS-15 to RM-12 N TENNESSEE BLVD F RM-16 R- MO RS-15 CL RD Ordinance 15-OZ-02 RM-12  ORDINANCE 15-OA-03 to annex approximately 37.1 acres along Bradyville Pike, to incorporate the same within the corporate boundaries of the City of Murfreesboro, Tennessee, and to adopt for same a Plan of Services; Mr. David Boyce, applicant [2014-509]. WHEREAS, a Public Hearing on a proposed annexation and Plan of Services was held before the City Council of the City of Murfreesboro, Tennessee, on February 12, 2015, pursuant to a Resolution passed and adopted by the City Council on January 15, 2015, and notice thereof published in The Murfreesboro Post, a newspaper of general circulation in said City, on January 26, 2015; and, WHEREAS, the property owners of the affected territory identified on the attached map as the “Area Annexed” petitioned the City of Murfreesboro for annexation by ordinance; and, WHEREAS, the annexation of the territory identified on the attached map as the “Area Annexed” is deemed necessary for the welfare of the residents and property owners thereof, as well as of the City of Murfreesboro as a whole; and, WHEREAS, the Plan of Services for the territory identified on the attached map as the “Area Annexed” is appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. That, pursuant to authority conferred by T.C.A. Sections 6-51-101, et seq., there is hereby annexed to the City of Murfreesboro, Tennessee and incorporated within the corporate boundaries thereof, the territory identified on the attached map as the “Area Annexed”. SECTION 2. That the Plan of Services attached hereto for the territory identified on the attached map as the “Area Annexed” is hereby adopted as it is reasonable with respect to the scope of services to be provided and the timing of such services. SECTION 3. That this Ordinance shall take effect thirty (30) days after its passage upon third and final reading, the public welfare and the welfare of the City requiring it. Passed: Shane McFarland, Mayor 1st reading 2nd reading 3rd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright Susan Emery McGannon City Recorder City Attorney SEAL mjp \\puckett\legal\files\council\ordinances\2015\03 - 15-oa-03.doc 1/16/2015 11:38:34 AM #1  LYNCH D DR R Area Annexed D V FLOYD A WI LL VE Ê B L O W EL D DR L R SS FO TH RU ER £ ¤ 99 RU S 10' Strip C T T H O R X W FO D R TU E K E RT X CR FO TU LE R CT FL TR GA A T U N D Murfreesboro CE TO R DR City Limits Ordinance 15-OA-03  ORDINANCE 15-OZ-04 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now in force and effect to zone approximately 37.1 acres along Bradyville Pike as Single-Family Residential Ten (RS-10) District, simultaneous with annexation; Mr. David Boyce and Mr. Allen Presley, applicants [2014-433]. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. That the same having been heretofore recommended to the City Council by the City Planning Commission, the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as herein referred to, adopted and made a part of this Ordinance as heretofore amended and as now in force and effect, be and the same are hereby amended so as to zone the territory indicated on the attached map. SECTION 2. That from and after the effective date hereof the area depicted on the attached map be zoned and approved as Single-Family Residential Ten (RS-10) District, simultaneous with annexation, as indicated thereon, and shall be subject to all the terms and provisions of said Ordinance applicable to such districts. The City Planning Commission be and it is hereby authorized and directed to make such changes in and additions to said Zoning Map as may be necessary to show thereon that said area of the City is zoned as indicated on the attached map. This zoning change shall not affect the applicability of any overlay zone to the area. SECTION 3. That this Ordinance shall take effect fifteen (15) days after its passage upon third and final reading or upon the effective date of Ordinance 14-OA- 03, whichever is later, the public welfare and the welfare of the City requiring it. Passed: Shane McFarland, Mayor 1st reading 2nd reading 3rd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright Susan Emery McGannon City Recorder City Attorney SEAL mjp \\puckett\legal\files\council\ordinances\2015\04 - 15-oz-04.doc 1/16/2015 11:44:11 AM #1  RM-12 Ê RS-10 PUD FLOYD A AreaL Zoned RS-10 VE YNCH D R Simultaneous DR VD WI LL B L O with Annexation EL RD L W DR SS FO BR RU TH ER AD YV RU IL L S E PK . 10' Strip C T T H O R X W FO D R TU E K E RT X CR FO TU R RS-12 LE CT FL TR GA A T U N D Murfreesboro CE TO R DR City Limits Ordinance 15-OZ-04  ORDINANCE 15-OZ-05 amending the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as heretofore amended and as now in force and effect, to amend the conditions applicable to approximately 46.1 acres in the Planned Unit Development (PUD) District located west of Rucker Lane as indicated on the attached map; Mr. David Alcorn and Mr. Bob Parks, applicants [2014-437]. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. That the same having been heretofore recommended to the City Council by the City Planning Commission, the Zoning Ordinance and the Zoning Map of the City of Murfreesboro, Tennessee, as herein referred to, adopted and made a part of this Ordinance as heretofore amended and as now in force and effect, be and the same are hereby amended so as to modify the conditions of the Planned Unit Development (PUD) District, as indicated on the attached map, for the purpose of reducing the minimum required front setbacks for the Mansion Estate area. SECTION 2. That, from and after the effective date hereof, the area depicted on the attached map shall be subject to all the terms and provisions of said Ordinance applicable to such districts, the plans and specifications filed by the applicant, and any additional conditions and stipulations set forth in the minutes of the Planning Commission and City Council relating to this zoning request. The City Planning Commission be and it is hereby authorized and directed to make such changes in and additions to said Zoning Map as may be necessary to show thereon that said area of the City is zoned as indicated on the attached map. This zoning change shall not affect the applicability of any overlay zone to the area. SECTION 3. That this Ordinance shall take effect fifteen (15) days after its passage upon third and final reading, the public welfare and the welfare of the City requiring it. Passed: Shane McFarland, Mayor 1st reading 2nd reading 3rd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright Susan Emery McGannon City Recorder City Attorney SEAL mjp \\puckett\legal\files\council\ordinances\2015\05 - 15-oz-05.doc 1/16/2015 12:01:06 PM #1  Amended FAIRH AVEN LN Ê PUD AT MARY T M ONT SP LE R B IN G SB OR LV O D DR PUD SE AS CA Ordinance 15-OZ-05 PE LN RU CKE R LN PINEHUR ST CT No Digital Copy  P.O. Box 2968 Murfreesboro, TN 37133-2968 (615) 895-8221 Fax: (615) 895-0632 February 16, 2015 Mr. Sam Huddleston, P.E. Environmental Engineer City of Murfreesboro P.O. Box 1139 Murfreesboro, Tennessee 37133-1139 RE: PROPOSAL FOR CONCEPTUAL DESIGN, TOWN CREEK RESTORATION-PHASE 1 Dear Mr. Huddleston: Griggs & Maloney, Inc. (G&M) is pleased to present this proposal to assist the City of Murfreesboro (City) in the conceptual planning of restoring Town Creek in the stream segment from Murfree Springs to South Church Street. (Town Creek has, for many years, been encapsulated underground within a series of corrugated metal pipes and concrete box culverts.) In a recent study performed by ICA Engineering, several of the aforementioned encapsulating structures were noted to be in poor condition and in need of repair or replacement. G&M proposes to provide conceptual planning and design for the restoration of Town Creek. G&M will work collaboratively with the City and ICA to connect and interface the stream sections proposed to be opened (“daylighted”) at appropriate locations where structural features rehabilitation is proposed by ICA, as well as the beginning and end constraints of the outlet structure at Murfree Springs and box culverts beneath South Church Street. G&M also proposes to perform the following ancillary tasks to further assist the City: x Develop a conceptual master plan for future phases of the Town Creek restoration from S. Church St. to its point of confluence with Lytle Creek. x Understand the process by which the City may obtain stream mitigation credits for future City projects that impact and require permitting/mitigation. x Perform limited engineering and modeling of the conceptual design. Project Budget G&M proposes to perform the conceptual planning & design and other tasks described above for a not- to-exceed amount of $8,400. No permitting activities or regulatory agency(s) permit fees are included as components of this proposal. All work will be performed in accordance with the attached Billing Rates and Standard Terms and Conditions previously agreed to by G&M and the City. Mr. Sam Huddleston February 16, 2015 Page 2 of 2 To accept the conditions of this proposal please sign below and return a copy to us as our authorization to proceed. If you have any questions regarding the proposal, please call me at (615) 895-8221. Sincerely, GRIGGS & MALONEY, INC. Ryan W. Maloney, P.E. Vice President ACCEPTED BY: ACCEPTED BY CITY OF MURFREESBORO Shane McFarland, Mayor Date APPROVED AS TO FORM Susan Emery McGannon, City Attorney Date Enclosure GRIGGS & MALONEY, INC. Engineering & Environmental Consulting  GRIGGS & MALONEY, INC. STANDARD TERMS AND CONDITIONS 1. ACCESS TO THE SITE/JOB SITE SAFETY Unless otherwise stated, Griggs & Maloney, Inc., hereinafter referred to as the CONSULTANT, will have access to the site for activities necessary for performance of the services. The CONSULTANT will take precautions to minimize damage resulting from these activities, but has not included in the project fee the cost of restoration of any resulting damage. The CONSULTANT has not been retained or compensated to provide services relating to the CONTRACTOR’s safety precautions or means, methods, techniques, sequences or procedures for the CONTRACTOR to perform his work. The CLIENT understands that the CONSULTANT is not responsible, in any way, for the means, methods, techniques, sequences, procedures, scheduling, or for job site safety, and will not be responsible for any loses or injuries that occur at the Project site. 2. INSURANCE The CONSULTANT shall secure and endeavor to maintain such insurance including general liability and errors and omissions insurance in the amount of $1,000,000 as will protect the CLIENT from claims of negligence, bodily injury, death, or property damage that may arise out of the performance of the CONSULTANT’s services under this agreement. 3. TERMINATION OF SERVICES: This Agreement may be terminated by the CLIENT or by the CONSULTANT upon not less than seven days written notice should the other party fail to substantially perform in accordance with the terms of this Agreement through no fault of the party initiating termination. If this Agreement is terminated by the CLIENT, the CONSULTANT shall be paid for services performed to the termination notice date, including reimbursable expenses. 4. REIMBURSABLE EXPENSES: Reimbursable expenses include actual expenditures made by the CONSULTANT, his employees, or his SUB-CONSULTANTS on behalf of the Project. Reimbursable expenses include, but are not necessarily limited to, the following: (a) expenses of transportation and living when traveling in connection with the Project: long distance communications; overnight mail; and fees paid for testing and/or securing approval of authorities having jurisdiction over the Project: (b) expenses of printing, reproduction, postage and handling of drawings and specifications, including duplicate sets at the completion of each phase of the Project for the CLIENT’s review and approval; and (c) expenses related to SUB-CONSULTANTS and specialists when authorized by the CLIENT. Reimbursable expenses shall be billed as cost plus 15% incurred by the CONSULTANT. 5. DISPUTES RESOLUTION: All claims, counterclaims, disputes and other matters in question between the parties hereto arising out of or relating to this Agreement or breach thereof shall be presented to non-binding mediation, subject to the parties agreeing to a mediator. 6. OWNERSHIP OF DOCUMENTS: It is understood by and between the parties to this agreement that all drawings, specifications, reports and other work products of the CONSULTANT for this Project shall remain the property of the CONSULTANT and are instruments of the service for this Project only and shall apply to this particular Project and any reuse of the instruments of service of the CONSULTANT by the CLIENT for any extensions of the PROJECT or for any other project without the written permission of the CONSULTANT shall be at the CLIENT’s sole risk, and the CLIENT agrees to defend, indemnify and hold harmless the CONSULTANT from all claims, damages and expenses, including attorney’s fees, arising out of any unauthorized reuse of the CONSULTANT’s instruments of service by the CLIENT or by others acting through or on behalf of the CLIENT to the extent permitted by law. Any reuse or adoption of the CONSULTANT’s instruments of service on other projects shall entitle the CONSULTANT to additional compensation in an amount to be agreed upon by the CLIENT and the CONSULTANT. 7. GOVERNING LAW: Unless otherwise specified within this Agreement, this Agreement shall be governed by the law of the State of Tennessee. In the event any provisions of this Agreement shall be held to be invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision, term, condition or covenant shall not be constructed by the other party as a waiver of a subsequent breach of the same by the other party. 8. PAYMENT TO THE CONSULTANT: If the CLIENT fails to make payment due to the CONSULTANT, the CONSULTANT may, after giving seven days written notice to the CLIENT, suspend services under this Agreement and retain all work products deliverable to the CLIENT until full payment. The project completion date shall be automatically extended by the number of days services are suspended. No deductions shall be made from the CONSULTANT’s compensation on account of penalty, liquidated damages, or other sums withheld from payment(s) to CONTRACTORS. Revised May 2013 SM Page 1 of 3 9. CLIENT RESPONSIBILITIES: The CLIENT shall designate a person to act with authority on his behalf in respect to all aspects of the Project, shall examine and respond promptly to CONSULTANTS submissions, and shall give prompt written notice to the CONSULTANT whenever he observes or otherwise becomes aware of any defect in or problem with the Project. The CLIENT shall also provide to the CONSULTANT all criteria and full information as to his requirements for the Project, and shall:  Provide the CONSULTANT with escorts and means of access to all areas of the Project; this being necessary for the orderly progress of the work, the CONSULTANT shall be entitled to rely upon the efficiency and completeness thereof.  Compensate the CONSULTANT for services rendered under this Agreement and pay all costs incidental to CLIENT furnished items.  The CONSULTANT may justifiably rely upon information supplied by the CLIENT without the need for additional verification by the CONSULTANT.  Provide such legal, accounting, and insurance counseling services as may be required for the Project.  Guarantee access to and make all independent cost estimating, and insurance counseling services as may be required for the Project. 10. EXTENT OF AGREEMENT: This Agreement represents the entire and integrated Agreement between the CLIENT and the CONSULTANT and supersedes all prior negotiations, or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the CLIENT and the CONSULTANT. The CONSULTANT intends to render services under the terms of this Agreement in accordance with generally accepted professional practices consistent with the intended use of the Project and makes no warranty either expressed or implied. Any opinion of construction cost prepared by the CONSULTANT represents his judgment as a design professional and is supplied for the general guidance of the CLIENT. Since the CONSULTANT has no control over the cost of labor and material, or over competitive bidding or market conditions, the CONSULTANT does not guarantee the accuracy of such opinions as compared to CONTRACTOR bids or actual cost to the CLIENT. 11. CHANGES IN THE SCOPE OF SERVICES: The CLIENT may request changes in the Scope of Services of the Agreement to be performed hereunder. Such changes, including any increase or decrease in the amount of the CONSULTANT’s compensation, which are mutually agreed upon by and between the CLIENT and the CONSULTANT shall be incorporated into this Agreement by written amendment. Any changes made to construction documents by the CLIENT, or by the CLIENT’s representative’s, are strictly prohibited without the knowledge and written consent of the CONSULTANT. The CONSULTANT shall be released from any liability resulting from damages, injuries, and or death from the unauthorized alteration of construction documents. 12. EXISTING AND/OR HIDDEN CONDITIONS: A condition is hidden if it is concealed by existing finishes or features or if it cannot be investigated by reasonable visual observation. If the CONSULTANT has reason to believe that such a condition may exist, the CONSULTANT will notify the CLIENT who then shall authorize and pay for all costs associated with the investigation of such a condition and, if necessary, all costs necessary to correct said condition. If (1) the CLIENT fails to authorize such investigation or correction after due notification, or (2) the CONSULTANT has no reason to believe that such a condition exists, the CLIENT is responsible for all risks associated with this condition, and the CONSULTANT shall not be responsible for the existing condition nor any resulting damages to persons or property. Further, the CONSULTANT will not be required to execute any document that would result in certifying, guaranteeing or warranting the existence of conditions whose existence the CONSULTANT cannot reasonably ascertain. 13. STANDARD OF CARE Services provided by the Design Professional under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. In addition, the CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold the CONSULTANT harmless from any loss, claim or cost, including reasonable attorney’s fees and costs of defense, arising or resulting from the performance of such services by other persons or entities and from any and all claims arising from modifications, clarification, interpretations, adjustments or changes made to the Contract Documents to reflect changed field or other conditions, except for claims arising from the sole negligence or willful misconduct of the CONSULTANT. 14. DESIGN WITHOUT CONSTRUCTION SERVICES Revised May 2013 SM Page 2 of 3 It is understood and agreed that the CONSULTANT’s Basic Services under this Agreement do not include project observation or review of the CONTRACTOR’s performance or any other construction phase services, and that such services will be provided by the CLIENT or by another party selected at the sole discretion of the CLIENT. Further, the CLIENT assumes all responsibility for interpretation of the Contract Documents and for construction observation and/or supervision and waives any claims against the CONSULTANT that may be in any way connected thereto. In addition, the CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold the CONSULTANT harmless from any loss, claim or cost, including reasonable attorney’s fees and costs of defense, arising or resulting from the performance of services under this contract by other persons or entities and from any and all claims arising from modifications, clarification, interpretations, adjustments or changes made to the Contract Documents to reflect changes field or other conditions, except for claims arising from the sole negligence or willful misconduct of the CONSULTANT. If the CLIENT requests in writing that the CONSULTANT provide any specific construction phase service and if the CONSULTANT agrees in writing to provide such services, then the CONSULTANT shall be compensated for ADDITIONAL Services as provided in the Agreement. END OF STANDARD TERMS AND CONDITIONS Revised May 2013 SM Page 3 of 3  GRIGGS & MALONEY, INC. STANDARD RATES January 2013 Professional Classification Billing Rate Per Hour Principal $170.00 – $200.00 Senior Project Manager $140.00 – $170.00 Senior Engineer $110.00 – $140.00 Project Engineer $85.00 – $110.00 Engineer II $90.00 – $120.00 Engineer I $70.00 – $90.00 Sr. Environmental Scientist/Biologist $90.00 – $110.00 Environmental Scientist/Biologist $60.00 – $90.00 Sr. Geologist $85.00 – $110.00 Environmental Specialist $60.00 – $75.00 Drafting/CADD Operator $65.00 – $85.00 Technician $45.00 – $60.00 Clerical $45.00 – $60.00 Administrative $95.00 – $120.00 ADDITIONAL CHARGES Copies (8 ½” x 11”) $0.10 per copy Printing (24” x 36” Black & White) $0.90 each Printing (24” x 36” Color) $18.00 each Printing (24” x 36” Aerial - Gray) $12.00 each Mileage $0.60 per mile Per Diem: Meal $36.00 per day Lodging $100.00 per day Direct Costs/Subcontractor Cost plus 15 %  . . . creating a better quality of life February 23, 2015 REGULAR AGENDA HONORABLE MAYOR AND MEMBERS OF MURFREESBORO CITY COUNCIL RE: Solid Waste Collection Policy Resolution 15-R-08 Ordinance 15-O-11 Background On January 15, 2015 the Council considered a report from the Assistant City Manager on Solid Waste services and large multi-family developments. After review of the zoning ordinance provision requiring commercial collection and the requests from residents of more than one of the affected complexes, the Council voted to allow for the City to provide solid waste collection services if the services could be provided safely with the City’s side loader equipment to both existing and future multi-family townhome developments by supporting Mr. Crumley’s third option. The Planning Director (interim), Solid Waste Director, Assistant City Manager, and legal staff have worked through the issues and developed the Resolution and Ordinance before you. The Resolution establishes the criteria which will allow existing developments identified in the January 15th report to request service. It will also allow solid waste service to continue for the two developments currently receiving it and allow service to be extended to proposed extensions of three existing developments. The Ordinance calls for information to be submitted as part of the site plan review process that will enable future multi-family developments on public streets to request waiver of the commercial collection standard. Fiscal Impact Assuming some if not all of the developments identified will request and be approved for City solid waste services, this will result in increased City expenditures for garbage cans (one time) and for human and vehicular collection costs (recurring) but no quantification of the exact amount is available. Concurrences None. Legal Department 111 W. Vine St. * PO Box 1044 * Murfreesboro, Tennessee 37133-1044 Phone 615 849 2616 * Fax 615 849 2662 * TDD 615 849 2689 www.murfreesborotn.gov Recommendation First, please vote to adopt Resolution 15-R-08. Second, please vote to adopt Ordinance 15-O-11. Attachments 1. Resolution 15-R-08 2. Ordinance 15-O-11 3. January 15, 2015 letter from Jim Crumley Sincerely, Susan Emery McGannon City Attorney  RESOLUTION 15-R-08 authorizing City solid waste collection services to be provided to multi-family developments under specified terms and conditions. WHEREAS, Section 18(D)(1)(c) of the City’s Zoning Ordinance has provided that multi-family developments with more than fifteen (15) dwelling units shall use a commercial collection service for solid waste collection since December 31, 2004; and, WHEREAS, owners and residents of several multi-family developments built under this zoning standard have nonetheless requested City solid waste collection service and the City Council considered the issues presented on January 15, 2015; and, WHEREAS, the City Council wishes to authorize the use of City solid waste collection services for existing and prospective multi-family developments meeting certain specified criteria. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. Notwithstanding Murfreesboro City Code, Appendix A – Zoning, Section 18(D)(1)(c), existing multi-family developments of more than 15 units in a townhome or condominium format already receiving City solid waste collection services, i.e. Riverbend Park Townhomes and the Villas of Baskinwood, may continue to receive such service. SECTION 2. Notwithstanding Murfreesboro City Code, Appendix A – Zoning, Section 18(D)(1)(c), existing multi-family developments of more than 15 units in a townhome or condominium format not currently receiving City solid waste collection services may do so if and only if the following conditions are met. The City’s Solid Waste Director shall determine if these conditions are met if a development requests City solid waste services: a. The entrance for each dwelling unit must be on the ground floor; b. Each dwelling unit must have a location for storage of the container that is not visible from either the public right-of-way or from a private street; c. Each dwelling unit may be served using the City’s side loading automated collection vehicles and equipment; this requires that both street width and the turn radius of street corners and cul-de-sacs be of suitable dimensions; d. The street network of the development will allow the City’s solid waste vehicles to provide service to each dwelling unit without having to back up; and, e. The owners, or a homeowners association with the legal ability to compel all dwelling unit owners to pay dues and assessments, agrees to hold the City harmless from all maintenance and repair costs to privately owned streets caused by the City’s solid waste vehicles and further agrees to maintain the streets so that the City’s vehicles may be safely and efficiently operated. The City shall not commence solid waste collection services if there are visible signs of damage to any private road surface. mjp \\puckett\legal\files\council\resolutions\2015\15-r-08.doc 2/23/2015 10:51:20 AM #1  A multi-family development requesting solid waste services pursuant to this Resolution shall submit information to the Solid Waste Director. If the development meets all criteria and the Solid Waste Director approves the application, service shall be commences as soon as the City has redesigned its solid waste collection routes for an efficient allocation of personnel and equipment and has obtained and delivered to the residents the automated garbage collection system refuse containers. If the Solid Waste Director denies the application for service, the development may appeal said decision to the City Manager; the City Manager’s decision shall be final. SECTION 3. Notwithstanding Murfreesboro City Code, Appendix A – Zoning, Section 18(D)(1)(c), proposed multi-family developments of more than 15 units that already have an approved master plan and a valid approved site plan may seek to receive City solid waste collection services through the process described in Section 2. This criteria is met by and this approval is limited to: the Retreat at Northwoods, Stonecrest Townhomes and Florence Village 2 Townhomes Phase 3. SECTION 4. Notwithstanding Murfreesboro City Code, Appendix A – Zoning, Section 18(D)(1)(c), new multi-family development of more than 15 units in a townhome or condominium format located on public streets will be able to request approval to receive City provided solid waste collection services as part of the site plan review approval process pursuant to an Ordinance amendment being considered simultaneous hereto if the dwelling units meet all criteria described in Section 2, subsections a through d above. SECTION 5. This Resolution shall be effective immediately, the public welfare and the welfare of the City requiring it. Passed: Shane McFarland, Mayor ATTEST: APPROVED AS TO FORM: Melissa B. Wright Susan Emery McGannon City Recorder City Attorney mjp \\puckett\legal\files\council\resolutions\2015\15-r-08.doc 2/23/2015 10:51:20 AM #2  ORDINANCE 15-O-11 amending Murfreesboro City Code, Appendix A – Zoning, Section 7 and Section 18, pertaining to City solid waste collection services to multi-family developments. WHEREAS, pursuant to Resolution 15-R-08 the City wishes to allow new multi- family developments with more than fifteen (15) dwelling units to receive City provided solid waste collection services under certain terms and criteria. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. Appendix A, Section 7, Site Plan Review, of the Murfreesboro City Code is hereby amended at City of Murfreesboro Planning Commission Site Plan Review Checklist subsection F. MULTI-FAMILY AND ZERO-LOT LINE DEVELOPMENTS by adding the following to the end thereof: _____(9) information to support City provided solid waste collection services (eg. location of dwelling entrances, container storage locations, street width, corner turn radiuses) SECTION 2. Appendix A, Section 18, Regulations of General Applicability, of the Murfreesboro City Code is hereby amended at subsection (D), Solid Waste Management, (1)(c) by adding to the end thereof the following: A multiple-family development with more than 15 units may be approved for City provided solid waste collection services by the City’s Planning Director as part of the site review process if: [1] The development is in a townhome or condominium format with each dwelling unit having an entrance on the ground floor; [2] Each dwelling unit has a location not visible from the public right-of-way for storage of the container; [3] The width of the public streets in the development and the turn radiuses of all corners and cul-de-sacs on the public roads are sufficient for use of the City’s automated side loader collection vehicles; [4] The public street network of the development allows for the automated side loader collection vehicles to service all dwelling units without having to back up. If the development is approved for City provided solid waste collection services, no provisions for multiple container locations, dumpsters or compactors shall be required. SECTION 3. That this Ordinance shall take effect fifteen (15) days after its passage upon third and final reading, the public welfare and the welfare of the City requiring it. Passed: Shane McFarland, Mayor 1st reading 2nd reading 3rd reading ATTEST: APPROVED AS TO FORM: Melissa B. Wright Susan Emery McGannon City Recorder City Attorney SEAL mjp \\puckett\legal\files\council\ordinances\2015\11 - 15-o-11.doc 2/23/2015 10:52:55 AM #1  RESOLUTION 15-R-07 requesting unclaimed balance of accounts remitted to State Treasurer under Unclaimed Property Act. WHEREAS, Tennessee Code Annotated Section 66-29-102 and Section 66-29- 123, provide that a municipality or county in Tennessee may request payment for the unclaimed balance of funds reported and remitted by or on behalf of the local government and its agencies if it exceeds $100, less a proportionate share of the cost of administering the program; and, WHEREAS, the City of Murfreesboro and/or its agencies have remitted accounts to the State Treasurer in accordance with the Uniform Disposition of Unclaimed Property Act for the report year ending December 31, 2013; and, WHEREAS, the City of Murfreesboro agrees to meet all of the requirements of Tennessee Code Annotated Section 66-29-101 et seq. and to accept liability for future claims against accounts represented in funds paid to it and to submit an annual report of claims received on these accounts to the State Treasurer by September 1 each year; and, WHEREAS, it is agreed that the City of Murfreesboro will retain a sufficient amount to insure prompt payment of allowed claims without deduction for administrative costs or service charge and that the balance of funds will be deposited in the City’s General Fund. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MURFREESBORO, TENNESSEE, AS FOLLOWS: SECTION 1. The City of Murfreesboro requests the State Treasurer to pay the unclaimed balance of funds remitted for the 2013 report year to it in accordance with the provisions of Tennessee Code Annotated Section 66-29-121. A list of remittances made by or on behalf of the City and its agencies is attached. SECTION 2. This Resolution shall be effective immediately upon its passage and adoption, the public welfare and the welfare of the City requiring it. Passed: Shane McFarland, Mayor ATTEST: APPROVED AS TO FORM: Melissa B. Wright Susan Emery McGannon City Recorder City Attorney mjp \\puckett\legal\files\council\resolutions\2015\15-r-07.docx 2/23/2015 9:13:13 AM #1  I hereby certify that this is a true and exact copy of the foregoing Resolution which was approved and adopted at a meeting held on the ____ day of _______, 2015, the original of which is on file in the office of the City Recorder of the City of Murfreesboro, Tennessee. I further certify that the City Council, which includes the Mayor, consists of seven (7) members, and that _____ members voted in favor of the Resolution. WITNESS my official signature and the seal of said Municipality this ____ day of __________, 2015. CITY RECORDER (SEAL) mjp \\puckett\legal\files\council\resolutions\2015\15-r-07.docx 2/23/2015 9:13:13 AM #2  REMITTANCES FILED BY OR ON BEHALF OF LOCAL GOVERNMENT AND ITS AGENCIES Name of County/Municipality CITY OF MURFREESBORO Mailing Address P.O. BOX 1139 MURFREESBORO TN 37133-1139 Name of Holder or Agency Holder Amount of Date of Federal Submitting Report and Remittance Identification Remittance (If Remittance (If employer Number Available) Available) tax ID # CITY OF MURFREESBORO 15830 19,744.12 5/01/2013 62-6000374 I certify that any agencies included in this request are chartered under this local government. 615-893-5210 ____________________________________ Phone Number (Signature) MELISSA B. WRIGHT FINANCE DIRECTOR Printed Name (Title) Date: 2015__ This report and accompanying Resolution may be filed with the Unclaimed Property office of the State Treasury Department at any point between the actual remittance of unclaimed accounts and the June 1 eighteen months following. mjp \\puckett\legal\files\council\resolutions\2015\15-r-07.docx 2/23/2015 9:13:13 AM #3  . . . creating a better quality of life. February 26, 2015 Members of City Council RE: Recommended reappointments – Cable Television Commission Reappointments As an item for tonight’s council agenda, I am recommending that Tommy Campbell and Phil King be reappointed on the Cable Television Commission. Sincerely, Shane McFarland Mayor Administration Department 111 West Vine Street * PO Box 1139 * Murfreesboro, Tennessee 37133-1139 * Phone 615 849 2629 * Fax 615 849 2679 TDD 615 849 2689 www.murfreesborotn.gov  . . . creating a better quality of life. February 26, 2015 Members of City Council RE: Recommended Appointment – Disciplinary Review Board Board Appointment As an item for tonight’s City Council agenda, I am recommending the appointment of the Mr. Peter Demos to replace Mr. Patrick Murphy on the Disciplinary Review Board. Sincerely, Shane McFarland Mayor Administration Department 111 West Vine Street * PO Box 1139 * Murfreesboro, Tennessee 37133-1139 * Phone 615 849 2629 * Fax 615 849 2679 TDD 615 849 2689 www.murfreesborotn.gov